Summarize the legal restraints placed on law enforcement and the procedures that law enforcement must follow for searches, seizures, lineups, and arrests.
The police do not have unrestricted powers in performing their duties. An external oversight of police powers is the courts, especially the U.S. Supreme Court. Courts can prohibit and require certain behaviors of police in their gathering and presentation of evidence for a trial. The rules of evidence require that police officers must collect evidence properly; otherwise, it can be declared inadmissible in court. Hence, improperly obtained evidence can be declared inadmissible under the exclusionary rule. There are exceptions to the exclusionary rule that allow police to conduct search and seizures without a warrant in certain situations of public safety. Courts have also recognized that police operate in a dangerous environment; thus, they are allowed to take precautions (conducting pat-downs, for example) to protect themselves.
1. Explain the difference between direct and indirect oversight of law enforcement behaviors.
2. What is meant by the term exclusionary rule? How does it affect police procedure?
3. Describe various exceptions to the exclusionary rule.
4. What is a plain-view search?
5. Why can a police officer conduct a pat-down without probable cause that a crime has occurred?